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RESOLUTION NO. 94-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AN APPLICATION TO THE
U.S. DEPARTMENT OF EDUCATION FOR THE PUBLIC BENEFIT
TRANSFER OF SURPLUS FEDERAL REAL PROPERTY FOR
EDUCATION USE BY THE CITY.
The City Council of the City-of Tustin does hereby resolve as
follows:
WHEREAS, certain real property owned by the United Suates
of America, located in the Count}, of Orange, State of
California, has been declared surplus and is subject to
assignment for disposal for educational purposes by the
Secretary of the U. S. Department of Education, under
provisions of section 203(k) {i) cf the Federal Property and
Administrative Services Act of 1949, as amended (Act), (63
STAT. 377), and the rules and regulations promulgated pursuant
thereto, more particularly described as follows:
Buildings 547 and 199 (two buildings) , Child
Development Center, Marine Corps Air Suat ion,
Tustin, northwesterly portion of base "Vi!ia~e"
area, City of Tustin, Orange Ccunty, California.
Total acreage requested: Building 547 - 2.8!
acres, Building 199 - 2.40 acres. Land requested
is for Child Development Center, yard areas,
parking spaces, set-backs, and existing and future
~-of-wav and easemen~ needs "
WHEREAS, the City of Tustin, needs and can utilize said
property for educational purposes in accordance with the
requirements of the Act and the rules and regulations
promulgated thereunder of which tkis City Council is fully
informed, including commitments regarding use and time within
which such use shall commence: (i) Witkin 12 months after the
dane of conveyapce; or (2) Within 36 months after the date of
conveyance where major construction or renovation is involved.
NOW, THEREFORE, BE iT RESOLVED that the City of Tustin
shall make application to the Secretary of the U.S. Department
of Education for the transfer of the above mentioned property
for said use subject to such exceptions, reservations, terms,
covenants, agreements, conditions and restrictions as the
Secretary of the U.S. Department cf Education, or the
Secretary's authorized representative, may recuire in
connection wi~h the disposal of said property under the Act
and the rules and regulations; and
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Resolution No. 94-8
Page 2
BE iT FURTHER RESOLVED that the City ef Tustin has legal
authority, is
~mng and is in a position financially and
otherwise tc assume immediate care and maintenance of the
· ~s hereby
property, and than William A. Hustcn, Cztv Manager,
authorized, for and on behalf of the City of Tustin, to do and
perform any and ail acts and things which may be necessary
carry out this resolution, inc!udinc_ the preparing and
of plans, applications, reports, and other documents, ~h~
execution, acceptance, delivery, and recordation of
agreements, deeds and other instruments pertaining 5o the
transfer of said property and the payment of any and all sums,
fees, or costs incurred in connection with the transfer of ~he
Froperty for surveys, title searches, appraisals, recordation
of instruments,~_ escrow costs, to~ether~ with any payments by
virnue of nonuse or deferral of use of the property. If the
applicant is unable to place the property into use within the
time limitations indicated below (or determines that a
deferral of use shou!'! occur), it is understood that the City
cf Tusnin will pay tc the Department ~or each month on nonuse
beginning 12 months after the dane cf the deed, or 36 months
where construction cr major renovation is contemplated, the
sum of !/~60th. cf the then current f~ir=~ market value fcr each
month of nonuse; ct, the appiican5 agrees ~o abide by what
other terms nhe Deoarnment_ mav~ recuire~ , wkich =-r_~ consistent
with ~ts Regulations ~ ~ffect_ ==% the time of transfer.
if the application is approved, a copy of 5he application and
standard deed conditions will be filed with the oermanenn
minutes of the City Council.
PASSED ~ND ~OPTED at a regu!~r= meeting cf the Tustin City
Council, held on the 3rd day of January, 1994.
/ a_~f E. Wynn,
ity Clerk
JiM/~OTTS
Maye~r
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
RESOLUTION NO. 94-8
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 3rd day of January, 1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Potts, Saltarelli, Pontious, Puckett, Thomas
None
None
None
y E. Wynn, City Clerk